A 'shower' of issues arise during local Birmingham Conveyancing

Why do Conveyancing Solicitors acting for house-buyers in Birmingham ask about replacement windows and electric shower installations? This was the question asked by the buyers of a terrace house in the Balsall area of Birmingham, when their Conveyancing Solicitor Amanda Gandham was carrying out the work on their purchase.

The house dated from about 1900, and had apparently not been extended since it was built. However, it had been nicely refurbished by the sellers. The sellers had stated on the property information form that they had had some replacement windows installed and had also put in a new electric shower a short while previously. Their Conveyancing Solicitors were Countrywide Property Lawyers, Lee House, 90 Great Bridgewater Street, Manchester M1 5RR, Tel: 0161 332 7515, who had asked the sellers to complete the usual property questionnaire and sent this with the draft contract.

Amanda noted that these works had been carried out and asked for evidence that the works had been carried out in accordance with building regulations, and that the electrical work complied with the NICEIC regulations. Although Conveyancing Solicitors are not surveyors or engineers, they need to ask questions about works carried out by sellers because so many property alterations and improvements must now comply with statutory regulations. This often means that work which might have been a DIY job in the past now has to be carried out by a professional tradesman who can give a certificate that the work complies with the relevant regulations.

Where there is no certificate that works comply with regulations, the buyer’s Conveyancing Solicitors may ask for the works to be checked by a qualified surveyor or other professional. If that is likely to delay Conveyancing, they may ask for the seller to pay for an indemnity insurance policy which would indemnify the buyer if there was any loss. When Amanda received the replies to her enquiries from the Solicitors, they sent copy of a FENSA certificate for the windows, and the electrician's commissioning report for the shower. These documents confirmed that the works complied with relevant regulations, so everything was in order.

The clients asked why Amanda had bothered, as they thought this should have been covered by their building survey. Their surveyor had in fact mentioned that the electrical system should be checked by a qualified electrician, and they were intending to have that done after completion. However, Amanda pointed out that if there was a breach of building or other regulations, that could potentially lead to the local authority taking enforcement action. As not all buyers have surveys carried out, it is important that Conveyancing Solicitors try to protect their clients against such enforcement action being taken.

The clients thanked Amanda for her work on their purchase, and were grateful for the care which she had taken. There were no other problems with the title, and the purchase was quickly completed. The sellers’ agents, Dixons of 95 Alcester Road, Moseley, Birmingham B13 8DD, Tel: 0121 449 6464 said that they were pleased that the sale had been completed well within their estimated time-scale.

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